PF Demands Appeal Of Tedworth Judgements
THE Patriotic Front has demanded that the Anti Corruption Commission (ACC) appeal judge Phillip Musonda’s decisions in the Tedworth Properties Incorporated case, without delay.
In a letter dated July 13, 2011 to the ACC director general, PF secretary general Wynter Kabimba stated that the ACC should appeal against the judgment in public interest.
“In January, 2011, I wrote to you to record the Patriotic Front’s concern about the case of Tedworth Properties Inc. a copy of the letter is herewith enclosed for your easy reference. We have had no courtesy of a response to the said letter by ACC to date,” Kabimba stated.
“In that letter, the party demonstrated the fundamental flaws in the judgment of the court that declared that the properties where owned by Tedworth properties Inc.
As we indicated in the letter, the High Court judge Honourable Mr. Justice Phillip Musonda fell into grave error when he proceeded to make a declaratory judgment in a matter commenced by originating summons.”
Kabimba, who is also a lawyer, stated that this judicial approach went against well-established principles contained in the precedent set by the case of Chikuta vs Chipata Rural District Council.
“The judge further fell into error when without providing any legal basis he extended the time within which a person or persons who are aggrieved by an action of the Anti-corruption Commission can bring a challenge.
The judge allowed the alleged representatives of Tedworth to challenge the Anti-corruption Commission without following the laid down time procedures,” Kabimba stated.
“This is why we have demanded as a party that the Anti-corruption Commission should appeal the judgment in the public interest.
We have now observed that the judge has gone further than he did before by reopening a matter that he himself had closed and ordered the Anti-corruption Commission to do certain things when he had earlier decided that they had no lawful basis for doing anything.”
Kabimba stated that PF has failed to understand the legal basis of these judicial orders.
“Mr. Sunday Nkonde SC, who is former Solicitor General has now taken up the case. From the documents filed in court it is clear that Mr Nkonde should not act for the mystery claimants because at the time the action commenced he was the Solicitor General in the Attorney General’s chambers. How can he now represent the other side?
However, in his ruling, the Honourable Judge Musonda has ruled that Mr. Nkonde only dealt with civil matters, oblivious to the fact that the matter before him is cause numbered 2003/HP/0428, a civil matter,” Kabimba stated.
“Mr. Nkonde, for his part withdrew the contempt proceedings and the application for consequential orders and asked for directions to be given on the account for monies realised from the lease of the Tedworth properties.
This application was taken up by the same court which had earlier ordered the same to be determined by the deputy registrar or director of court operations.
“For the reasons I highlighted in my letter of 14th January 2011 and the ones that I have now given, the Patriotic Front demands that the Anti-corruption Commission acting on behalf of our people should appeal against judge Musonda’s decisions without delay.”
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